introduction to osha

1

OSHA

2

What is OSHA?

Occupational

Safety and

Health

Administration

O S H A

3

Why was OSHA created?

14,000 employees died annually from job-related injuries and illnessesNearly 2.5 million employees were disabledTen times as many person-days were lost due to job-related disabilities than from strikes300,000 new cases of occupational disease

4

The OSHA Act of 1970

The purpose of the OSH Act is to

“assure so far as possible every working,

man and woman in the nation safe and

healthful working conditions and to

preserve our human resources.”

5

Who is covered – Federal OSHA?

Private employers with one or more employees business effecting commerce

Federal government employees

Not covered self-employed working conditions regulated by other federal agencies farms employing only family members

6

State and local government employees

Private employers not on federal property federal parks military bases

Who is covered – State OSHA?

7

How do they operate?

Regional and area offices

Standards

Inspections

Citations and Penalties

8

Section 5(a)(1) of the OSH Act

“Each employer shall furnish to each of his employees employment and a place of employment which is free from recognized hazards that are causing or likely to cause death or serious physical harm to his employees.”

General Duty Clause

9

Advisory Committees

National Advisory Committee on Occupational Safety and Health (NACOSH)

Advisory Committee on Construction Safety and Health

NIOSH Recommendations

OSHA Standards

Development

10

OSHA Standards Development

Standards adoption process

Advance Notice of Proposed Rulemaking *

Notice of Proposed Rulemaking *

Public Hearing

Comment Period

Final Standard *

* Published in the Federal Register

11

Emergency Temporary Standards* workers in grave danger proposed permanent standard Final ruling within 6 months

Appealing a Standard

Variances

Public Petitions

OSHA Standards

Development

* Published in the Federal Register

12

Consensus Standards

industry-wide stands-development organizations

Proprietary

prepared by professional experts

OSHA Standards

13

Horizontal vs. Vertical

horizontal (general) applies to any employer in any industry

vertical applies to a particular industry

Performance vs. Specification

CPL/STD Documents

OSHA Standards

14

OSHA Standards29 CFR 1910

“29”

Labor

“CFR” Code of Federal

Regulations

“1910” General Industry Standard

15

Inspection Priorities

Imminent Danger

Fatalities and Catastrophes

Employee Complaints formal in-formal

Referrals

Programmed

Follow Up (especially willful & repeat)

16

Imminent Danger reasonable certainty that danger

exists may not be eliminated via normal

enforcement procedures prior to deathserious physical harm

1st PRIORITY


17

Fatalities and Catastrophes hospitalization of 3 or more

employees report to OSHA by employer within

8 hoursCALL 1 (800) 321 OSHA after hours29 CFR 1904.8

2nd PRIORITY


18

Employee Complaints and Referrals formal

inspected95% within 5 days

in-formalphone/fax response from OSHA within 1 day5 days for employer to respond

serious referrals

3rd PRIORITY


19

Programmed Inspections site-specific targeting national emphasis programs local emphasis programs Construction scheduler

4th PRIORITY


20

Follow-up Inspections determines whether previously

sited violations have been corrected

potential notice of failure-to-abate (FTS)

additional daily penalties

5th PRIORITY


21

OSHA Inspection Process

Opening Conference

Inspection Tour (walkaround)

Closing Conference

22

HIGHLIGHTS OF AN OPENING CONFERENCECompliance Safety & Health Officer (CSHO):

Presents credentialsExplains purpose of inspectionRequests employee participationOutlines scope of the inspectionDetermines employers on siteUnion/non-union

(continued)

23

HIGHLIGHTS OF AN OPENING CONFERENCE

CSHO:

Reviews OSHA Logs

Verifies hazard communication program

Verifies safety and health program

May verify access to employee exposure and medical records (1910.1020)

Verifies OSHA poster

24

HIGHLIGHTS OF AN OSHA WALKAROUND INSPECTION

CSHO:

Identifies potential safety and health hazards determines employee awareness & knowledge evaluates PPE selection, maintenance & use

Documents apparent violationsPhotographs or videotapes them Instrument readingsQuestions employees privately

25

HIGHLIGHTS OF AN OSHA CLOSING CONFERENCE

CSHO:

Gives Employer Rights & Responsibilities Following an OSHA Inspection.

Explains: employer’s rights contest procedures informal conference Penalties may be issued by Area Director consultation services

26

CSHO:

Employee’s representative may be present

Employer may produce records to show compliance

Discusses apparent violations

Requests abatement of violations

HIGHLIGHTS OF AN OSHA CLOSING CONFERENCE

27

Serious

There is a substantial probability that death or serious physical harm could result, and the employer knew or should have known or the hazard.

Maximum Penalty: $7,000.

CITATION TYPES

Cita

tion

28

Willful

Employer committed an intentional and knowing violation or showed plain indifference to the law.

Maximum Penalty: $70,000.Minimum Penalty: $25,000($5,000 for less than 50 employees)

CITATION TYPES

Cita

tion

29

Repeat Violation of the same or similar standard

within 3 years.

Employers with more than 250 employees: First Repeat - Multiply penalty times 5. Second Repeat - Multiply penalty times 10.

CITATION TYPES

Cita

tion

30

Repeat Violation of the same or similar standard within 3 years.

Employers with less than 250 employees: First Repeat - Multiply penalty times 2. Second Repeat - Multiply penalty times 5.

CITATION TYPES

Cita

tion

31

Other-Than-Serious

Not serious, but impacts the safety and health of employees.

CITATION TYPES

Cita

tion

Cita

tion

32

Failure to Abate

Max

CITATION TYPES

Cita

tion

Cita

tion

33

De Minimus

Violation which has no direct or immediate relationship to employee safety and health.

No Penalty.

CITATION TYPES

Cita

tion

34

REGULATORY VIOLATIONS

No OSHA Poster $1,000

No OSHA 200 Log $1,000

Failure to post citations $3,000

Failure to report within 8

hours a fatality or accident

which hospitalizes 3 or more

employees $5,000

$$$

35

Penalty Adjustment Factors

Size

Good Faith Effort 25%History (Last 3 Years) 10%

No. of Employees Reduction

1 - 25 60%

26 - 100 40%

101 - 250 20%

More than 250 None

36

CITATION APPEALS

Citations received

Informal Conference

Contest Citation(s)

Administrative Law Judge

OSHA Review Commission

U.S. Court of Appeals

U.S. Supreme Court

37

Multi-employer Worksites

Citations issued to exposing employer.

Citations can also be issued to:

1. Employer who creates the hazard,

2. Employer responsible for overall site safety, and

3. Employer responsible for correcting the hazard.

38

What Resources Are Available?

Consultation program

OSHA web page : http://www.osha.gov/

OSHA CD-ROM : 202-783-3238

OSHA Training Institute & Ed Centers

OSHA hotline : 1-800-321-OSHA

OSHA area and regional offices

ASSE, AIHA, other trade groups

39

OSHA Consultation ProgramNo cost, confidential assistance

On-site assistance with safety, health, ergonomics

Serious hazard obligation!

Sometimes there is a backlog

Focused compliance assistance or comprehensive assistance

40

Targeted injuries and illnesses silicosis lead poisoning amputations

15% reduction

OSHA’s Strategic Plan

41

Targeted industries construction shipyards nursing homes logging food processing

15 % reductions


42

Decrease fatalities in construction by 15 % by focusing on falls (33%) struck by (22%) caught between (18%) electrical (17%)


43

Change workplace culture to increase employer and employee awareness of and commitment to, and involvement in safety and health

Secure public confidence in OSHA through customer service


44

The OSHA Web Site

www.osha.govSAFETY & HEALTH

introduction to osha

Health & Medicine